Sales terms and conditions
Please read these Sales Terms and Conditions carefully prior to any purchase. They cover important information about e.g. the Products, prices, payment, delivery, returns, liability and resolution of disputes.
NORDIC SPIRITS SALES TERMS AND CONDITIONS
The Products are sold by Altia Denmark A/S of Bredevej 2C st., 2830 Virum, Denmark, with business identity code (CVR. no.) 11 57 59 35 ("Altia").
2. Binding agreement
You enter into a binding agreement with Altia when Altia sends you the Dispatch Confirmation (as specified below) for the Products. Your agreement with Altia includes: (1) your order of the Products as specified in your Order Confirmation (as specified below), which is shown on the confirmation page and e-mailed to you immediately upon completion of your order; and (2) these Sales Terms and Conditions (jointly referred to as the “Agreement”). By purchasing the Products on the Site, you acknowledge that you have read and understood the Agreement, accepted it, and agree to be bound by it. If you do not agree with, or cannot comply with the Agreement, then you may not purchase the Products.
3. Eligibility to purchase
Only persons residing in Germany may purchase Products on the Site.
In order to purchase the Products on the Site, you must: (1) be minimum 18 years of age; or (2) be minimum of the age permitted to purchase alcoholic beverages in the residing country; and (3) have the power to enter into a binding agreement with Altia and not be barred from doing so under applicable laws. By purchasing the Products, you warrant that you fulfil these requirements.
4. Purchase of the Products
Offer – Publishing a description of the Products on the Site constitutes an offer by Altia to enter into the Agreement with you for the sale and purchase of the Products. Altia may amend or withdraw the offer at its sole discretion without any liability.
Order – To order the Products, you must: (1) place the Products to your shopping cart, (2) go through the checkout process including entering the requested data (including without limitation your full name, date of birth, delivery address and email address), (3) enter the payment information, and (4) confirm the order. Upon such confirmation, you agree to be bound by the Agreement. Please note that Products in your shopping cart are not reserved for you, until you confirm your order.
Order Confirmation – Shortly after placing your order, you will receive an e-mail confirmation of Altia's receipt of your order, including the details of your order (“Order Confirmation”). The Order Confirmation is our acknowledgement that we have received your order, and does not confirm the acceptance of your offer to buy the Products and conclude the Agreement.
Dispatch Confirmation – We accept your offer, and conclude the Agreement, once we dispatch the Products to you and send e-mail confirming that we’ve dispatched the Products to you (the “Dispatch Confirmation”). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation for each package, and each Dispatch Confirmation and corresponding dispatch will conclude a separate contract of sale between us for the Products specified in that Dispatch Confirmation.
Cancellation – Altia reserves the right to cancel an Order if Altia is unable to obtain authorisation for payment, or if Altia becomes aware that you do not fulfil the eligibility criteria for purchase set out at paragraph 3 above. You have the right to cancel your Order as set out in clause 6 below.
Changes – Without affecting your right of withdrawal set out in clause 7 below, you can cancel your order for the Products at no cost any time before we send the Order Confirmation relating to those Products. After you have received the Order Confirmation, you may only amend the order (for example by choosing not to buy some or all of the Products or payment terms) by agreeing this separately with Altia. Please note that Altia is entitled, in its sole discretion, to refuse to make any amendment, although this does not affect your right to withdraw from the Agreement as described in clause 7, or any of your other statutory rights.
5. Prices and payment
Prices – Prices shown on the Site are inclusive of all taxes, customs duties and possible fees levied by the residing country. The prices remain valid as advertised from time to time and may be subject to change without notification. The prices shown on the Site do not include the transportation costs (i.e. costs by the carrier for transporting the Products to the residing country), but the final purchase price displayed in the checkout process will include the transportation costs by a third-party carrier selected by Altia to deliver the Products (see section 6 for details).
Errors in pricing – Whilst every effort is made to ensure that the details on the Site are accurate, there may from time to time be an error in the pricing of the Products. If Altia discovers an error in the pricing of a Product in your order, Altia will notify you as soon as possible. Altia is under no obligation to accept or fulfil an order for a Product that was advertised at an incorrect price, and reserves the right to cancel an order at any time prior sending the Dispatch Confirmation. If you have already paid for the Product, Altia will refund the amount as soon as possible without interest.
Payment – Payment for the ordered Products is made via the following payment service providers: Sofortüberweisung, Visa, MasterCard, Amex, Paypal Express.
Delivery term – Altia ships only to Germany. The Products will be delivered to the delivery address in Germany, as provided by you in the ordering process. The Products will be delivered to you by a third party carrier chosen by Altia, and the ownership and risk in the Products passes to you upon delivery.
Delivery time – Subject to payment, the delivery time will be within 1-3 business days after placement of your order. If the delivery is delayed by any event outside of Altia’s control, Altia will notify you as soon as possible and will take steps to minimise the effect of the delay and notify you of a new delivery estimate. Provided Altia has notified you accordingly, Altia will not be liable for delays caused by the event. However, if, when Altia notifies you of a delay to your delivery, you are not satisfied, then you may promptly contact Altia to cancel your order, and Altia will give you a refund for any Products that have been paid for, but not delivered.
7. Withdrawal, return and defects
Withdrawal – You have the right to withdraw from the Agreement within fourteen (14) days from the day on which the Products are delivered to you without any reason. You must inform Altia of the decision to withdraw from the Agreement, by either using the withdrawal form provided in the Order Confirmation or mail or by another unequivocal statement (e.g. a letter sent by post or email). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Returns – If you wish to withdraw from the Agreement, you have to return or hand over the Products to Altia without undue delay, and in any event within (14) days from the day on which the withdrawal is communicated to Altia. The Products must be returned unopened.
You shall return the Products to Altia at your own cost and in accordance with Altia’s instructions. Altia undertakes to refund to you the purchase price of the returned Products and the standard delivery charges you paid, without undue delay, and in any event not later than fourteen (14) days from the day on which Altia receives the returned Products. The reimbursement will be carried out using the same means of payment as used for the initial transaction, unless you and Altia expressly have agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement.
Defects – Altia is under a legal duty to supply goods that are in conformity with the Agreement. Immediately upon discovering a defect, you must notify Altia via email and provide the following information: (i) your name and contact details, (ii) your order number; and (iii) description of the defect and possible further information as may be requested by Altia; and (iv) whether you wish to have the defective Products replaced.
If the Products are defected, Altia undertakes to replace the defective Products at its cost, where possible. If replacement is not possible, or if you do not wish the Products be replaced, then the following rights apply automatically if you notify us of the defect within 30 days of delivery of the relevant Product, or if you notify us more than 30 days after delivery but Altia has already made one unsuccessful attempt to repair or replace the relevant Product, or at Altia’s discretion in any other circumstances: (i) you are entitled to withdraw from the Agreement and return the Products to Altia in accordance with Altia’s instructions and at Altia’s reasonable cost of return delivery; and (ii) Altia undertakes to refund the purchase price of the defective Products within fourteen (14) days of receiving the Products from you. You must return any defective Products to Altia in accordance with Altia’s instructions.
To the extent permitted by applicable law, Altia shall not be responsible for: (i) defects caused by you, (ii) defects caused by inappropriate storage or use of the Products, (iii) defects caused by natural and physical changes in the Products, and (iv) unsuitability of the characteristics of the Products for you, if such unsuitability is not caused by a defect for which Altia is liable.
Warranty – Altia warrants that:
- the Products confirm to their description and other pre-contract information about them that is provided to you on the Site, or in case no description has been provided, to the usual average quality of similar products;
- the Products are of satisfactory quality; and
- Altia has the right to supply you with the Products.
All other warranties in relation to the Products whether express or implied are excluded to the fullest extent permitted by law, including without limitation warranties of non-infringement, quality, purity, fitness for any other particular purpose and merchantability.
Limitation of liability – Under no circumstances shall Altia be liable for loss of contracts, profits, revenue, business or goodwill or any other indirect loss or damage howsoever caused. Altia’s entire liability towards you shall not exceed the price of the Product(s), which are the subject of your claim. However, nothing in this clause limits Altia’s liability to the extent that it may not be excluded or limited by applicable law. In particular, Altia’s liability for death or personal injury caused by negligence, or its liability for supplying defective goods or for its failure to transfer ownership or correctly deliver goods is not excluded or limited by this clause.
Your responsibilities – in addition to your other responsibilities under the Agreement You shall be responsible for your handling use and consumption of the Products.
9. Personal data
You warrant that all the data that you provide to Altia through the Site is true, accurate, current, and complete in all respects. You undertake: (i) to immediately inform Altia by email of any changes to your data, and (ii) not to allow any other person to use your personal data on the Site.
Force majeure – Altia is not liable to you or be deemed in breach of the Agreement by reason of any delay in performing, or any failure to perform any of its respective obligations under the Agreement, if the delay or failure was due to any cause beyond Altia’s reasonable control. This may include any act of god, legislation, war, fire, flood, drought, inadequacy or unsuitability of any instructions, electronic file or other data or materials, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute, or owing to any inability to procure materials required for the performance of the Agreement.
No waiver – If you breach the Agreement and Altia takes no action against you, Altia will still be entitled to use its rights and remedies in any other situation where you breach the Agreement.
Amendments – Altia reserves the right to amend these Sales Terms and Conditions at any time in its sole discretion. Any amendment made after you have confirmed an order will not affect that order, unless Altia is required to make the amendment by law.
Severance - If any court or competent authority finds that any provision of this Agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this Agreement shall not be affected. If any invalid, unenforceable or illegal provision of this Agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
Applicable law and disputes – The Agreement is governed by and construed in accordance with the laws of Denmark, although regardless of the governing law of this agreement, if you are a consumer (i.e. an individual acting in a non-business capacity), you will always be entitled to any mandatory legal protections that apply in your residing country. Any disputes arising in connection with the Agreement shall be subject to the jurisdiction of Danish courts with the Court of Lyngby as the court of first instance. However, if you are a consumer you may alternatively may bring a claim to enforce your consumer protection rights in connection with the Agreement also in the court of your residing country. You may also use the European Commission’s online dispute resolution (ODR) platform, which you can access here: http://ec.europa.eu/consumers/odr/.
11. Contact us
If you have any questions or complaints concerning these Sales Terms and Conditions or the Agreement, the Site, Products or Altia in general, please contact the Nordic Spirits customer service by visiting the About Us section of the Site or by email [email protected]
Thank you for reading through these Sales Terms and Conditions. We hope you enjoy responsibly!